Terms and Conditions
Last updated: October 24, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.makeupanddressbyjess.com (“Makeup and Dress by Jess”, or the “Site”) operated by Jessica Rood (“us”, “we”, or “our”).
Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site.
By accessing or using Makeup and Dress by Jess you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Site.
Please review our Privacy Notice, which also governs your use of Makeup and Dress by Jess to understand our practices.
Visiting www.makeupanddressbyjess.com or sending emails to Makeup and Dress by Jess constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Makeup and Dress by Jess is a part of affiliate advertising programs. This means that if you click and/or make a purchase through certain links on this site or any related social media plat forms, I have the potential to make a commission from that click and/or purchase.
Makeup and Dress by Jess also occasionally partners with brands on sponsored posts and may receive gifted items. Any sponsored post will be indicated by language similar to “thank you to ‘brand name’ for sponsoring this post!” or labeled “sponsored” while any gifted items will be indicated by “c/o” standing for “courtesy of” or an iteration of the word “gifted.”
Jessica Rood has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or Sites. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Jessica Rood shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Sites available on or through any such third party web sites or Sites.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or Sites that you visit.
ALL CONTENT INCLUDED AS PART OF THE SITE, SUCH AS TEXT, GRAPHICS, LOGOS, IMAGES, AS WELL AS THE COMPILATION THEREOF, AND ANY SOFTWARE USED ON THE SITE, IS THE PROPERTY OF MAKEUP AND DRESS BY JESS OR ITS SUPPLIERS AND PROTECTED BY COPYRIGHT AND OTHER LAWS THAT PROTECT INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. YOU AGREE TO OBSERVE AND ABIDE BY ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES, LEGENDS OR OTHER RESTRICTIONS CONTAINED IN ANY SUCH CONTENT AND WILL NOT MAKE ANY CHANGES THERETO.
YOU WILL NOT MODIFY, PUBLISH, TRANSMIT, REVERSE ENGINEER, PARTICIPATE IN THE TRANSFER OR SALE, CREATE DERIVATIVE WORKS, OR IN ANY WAY EXPLOIT ANY OF THE CONTENT, IN WHOLE OR IN PART, FOUND ON THE SITE. MAKEUP AND DRESS BY JESS CONTENT IS NOT FOR RESALE. YOUR USE OF THE SITE DOES NOT ENTITLE YOU TO MAKE ANY UNAUTHORIZED USE OF ANY PROTECTED CONTENT, AND IN PARTICULAR YOU WILL NOT DELETE OR ALTER ANY PROPRIETARY RIGHTS OR ATTRIBUTION NOTICES IN ANY CONTENT. YOU WILL USE PROTECTED CONTENT SOLELY FOR PERSONAL–USE, AND WILL MAKE NO OTHER USE OF THE CONTENT WITHOUT THE EXPRESS WRITTEN PERMISSION OF MAKEUP AND DRESS BY JESS AND THE COPYRIGHT OWNER. YOU AGREE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN ANY PROTECTED CONTENT. WE DO NOT GRANT YOU ANY LICENSES, EXPRESS OR IMPLIED, TO THE INTELLECTUAL PROPERTY OF MAKEUP AND DRESS BY JESS OR OUR LICENSORS EXCEPT AS EXPRESSLY AUTHORIZED BY THESE TERMS.
We may terminate or suspend your access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
USE OF COMMUNICATION SITES
The Site may contain bulletin board Sites, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Sites”). You agree to use the Communication Sites only to post, send and receive messages and material that are proper and related to the particular Communication Site.
By way of example, and not as a limitation, you agree that when using a Communication Site, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or Sites for any business purpose, unless such Communication Site specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Site that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Sites; violate any code of conduct or other guidelines which may be applicable for any particular Communication Site; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Makeup and Dress by Jess has no obligation to monitor the Communication Sites. However, we reserve the right to review materials posted to a Communication Site and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Sites at any time without notice for any reason whatsoever.
Makeup and Dress by Jess reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Jessica Rood’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Site. Makeup and Dress by Jess does not control or endorse the content, messages or information found in any Communication Site and, therefore, Makeup and Dress by Jess specifically disclaims any liability with regard to the Communication Sites and any actions resulting from your participation in any Communication Site. Managers and hosts are not authorized Makeup and Dress by Jess spokespersons, and their views do not necessarily reflect those of Makeup and Dress by Jess.
Materials uploaded to a Communication Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
You agree to defend, indemnify and hold harmless Makeup and Dress by Jess and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall Makeup and Dress by Jess, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of performance.
Makeup and Dress by Jess, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.
CHANGES TO THESE TERMS AND CONDITIONS
Makeup and Dress by Jess reserves the right, in its sole discretion, to change the Terms under which www.makeupanddressbyjess.com is offered. The most current version of the Terms will supersede all previous versions. Makeup and Dress by Jess encourages you to periodically review the Terms to stay informed of our updates.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
If you have any questions about these Terms, please contact us.
Effective date: October 24, 2018
Makeup and Dress by Jess (“us”, “we”, or “our”) operates www.makeupanddressbyjess.com (the “Site”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Site and the choices you have associated with that data.
INFORMATION COLLECTION AND USE
We collect several different types of information for various purposes to provide and improve our Site to you.
TYPES OF DATA COLLECTED
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- Cookies and Usage Data
We may use Personal-Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may also collect information how the Site is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
TRACKING COOKIES DATA
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Site.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Site.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
USE OF DATA
Makeup and Dress by Jess uses the collected data for various purposes:
- To provide, improve and maintain the functionality of our Site
- To notify you about changes to our Site
- To allow you to participate in interactive features of our Site when you choose to do so such as Makeup and Dress by Jess giveaways
- To monitor the usage of our Site
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, Sites and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information
TRANSFER OF DATA
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
DISCLOSURE OF DATA
DISCLOSURE FOR LAW ENFORCEMENT
Under certain circumstances, Makeup and Dress by Jess may be required to disclose Personal-Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Makeup and Dress by Jess may disclose Personal-Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Makeup and Dress by Jess
- To prevent or investigate possible wrongdoing in connection with the Site
- To protect the personal safety of users of the Site or the public
- To protect against legal liability
SECURITY OF DATA
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect Personal-Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Site (“Site Providers”), to provide the Site on our behalf or to assist us in analyzing how our Site is used.
These third parties have access to Personal-Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Site Providers to monitor and analyze the use of our Site.
Google Analytics is a web analytics Site offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site. This data is shared with other Google Sites. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
LINKS TO OTHER SITES
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or Sites.